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Civil Procedure Keyed to Erichson
Kovacic v. Tyco Valves & Controls
Citation:433 Fed. Appx. 376, 2011 WL 3289747 (6th Cir. 2011)
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In 2001, a steam engine exploded at an Ohio fairgrounds and killed multiple people. One of the victims’ relatives, Kovacic (Plaintiff), sued the manufacturer of the engine’s safety valve, Tyco (Defendant), for a manufacturing defect in the valve. After multiple delays in the discovery process over several years, Tyco filed a motion to exclude one of Kovacic’s expert witnesses. However, the plaintiffs failed to respond to the motion. They also failed to file a pretrial witness list or exhibit list on time, as required by the court order. Then, the court dismissed the case with prejudice pursuant to Rule 41(b).
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